Judge of the Kyiv Commercial Court of Appeal — candidate for the position of judge of the Commercial Cassation Court within the Supreme Court
Rating based on exam results
182.25 points, third place.
Biography
Graduated from Odesa State University named after I. Mechnikov. In 2003, defended a PhD dissertation at the Odesa National Law Academy.
From 1997 to 1999 worked as a lawyer for the representative office of the company "Golden Gate Bay LTD", from 1999 to 2002 — head of the legal department of the representative office of the company "Samara Resources Limited". He was a judge of the Commercial Court of Odesa region from 2002 to 2009 (from 2003 to 2008 — deputy chairman of this court), then a judge of the Higher Commercial Court of Ukraine, where since 2014 he held the position of deputy chairman of the court, and from 2011 to 2014 was the secretary of the fourth chamber.
Since 2007, engaged in teaching and scientific work at NU "Odesa Law Academy".
Judiciary
In May 2018, he submitted an application for transfer to the Kyiv Commercial Court of Appeal due to the liquidation of the Higher Commercial Court of Ukraine (HCCU). The High Qualification Commission of Judges decided to give a recommendation, and the High Council of Justice on July 24, 2018, made a decision to submit the relevant proposal to the President. On 21.09.2018, by the President's decree, S. Mogyl, together with a number of colleagues from the HCCU, was transferred to the Kyiv Commercial Court of Appeal. However, as of 11.01.2019, he was not transferred to the Northern Commercial Court of Appeal, which replaced the Kyiv Commercial Court of Appeal as part of court optimization.
Specialized in disputes arising from lease agreements, leasing, disputes over ownership rights, etc.
Participated in the preliminary competition to the Supreme Court but received a score lower than the minimum acceptable for the anonymous written test. Obviously, the lack of authority due to the liquidation of the HCCU allowed S. Mogyl to prepare more thoroughly, and he took third place in the candidate rating based on exam results.
Among important cases, he noted the case of the Commercial Court of Odesa region regarding the recognition of contracts concluded with the exceeding of powers granted to the representative as invalid. During the case consideration, circumstances regarding illegal seizure of state property, the chain of participants, and the scheme of transferring state property into private ownership were established. As a result of the consideration, the clarified claims were satisfied and restitution was applied.
Family ties
Married to Mogyl (Hrabova) Nataliia Mykolaivna, who is a private entrepreneur. Daughter is a student of the Odesa Law Academy. Close relatives do not work in the legal field. In the declaration of family ties, the candidate indicated that his uncle is People's Deputy of Ukraine Serhii Kivalov, and his cousin Kivalova Tetiana Serhiivna was a deputy of the Odesa City Council until 2016 and a lawyer at LLC Law Company "TSK" until 2017.
Declaration
Since 2000, owns a residential house of 178.2 sq.m, a land plot of 1943 sq.m in Kryzhanivka, Odesa region; the wife jointly with daughters owns an apartment in Kyiv 182.2 sq.m.
The candidate has also owned a BMW 520i 2013 since 2013, and the wife owns a JEEP Grand Cherokee 2013. The daughter owns a FIAT Cinquecento 2013.
The wife of S. Mogyl declared corporate rights in the TV company ITV (85% of total capital) and in PJSC "Information Agency "Reporter" (49%). In the 2015 declaration, the judge indicated that the wife also has rights in LLC "Editorial Office of the newspaper "Slovo", LLC "Television and Radio Company "Zdorovya" and "Telekonect". In addition, S. Mogyl and his daughter indicated in the declaration income from alienation of real estate in the amount of 349,453 UAH. It should be noted that the 2015 declaration also indicated an apartment in Kyiv 112.1 sq.m in joint ownership of the family.
In cash, the candidate has 25 thousand USD and 23.5 thousand EUR. The wife has 142.5 thousand USD.
Recommendations
Head of the Department of Commercial Law and Procedure of NU "Odesa Law Academy" Oleh Podtserkovnyi, Director of the Institute of Legislation of the Verkhovna Rada Oleksandr Kopylenko.
Media Information
"Nashi Hroshi" 26.12.2016 noted that "the wife of the deputy chairman of the Higher Commercial Court of Ukraine S. Mogyl in November 2016 bought from the prosecutor of the Odesa local prosecutor's office Dmytro Dyachkov an apartment with an area of 182 sq.m in Kyiv". The news also claimed that the judge's wife is a businesswoman: "She owns a number of media outlets in Odesa. In particular, she owns shares in LLC "Editorial Office of the newspaper "Slovo", LLC "Television and Radio Company "Zdorovya", LLC "Telekonect", LLC TV Company ITV and PJSC "Information Agency "Reporter". It should be noted that information about the wife's corporate rights was reflected in the judge's declaration posted on the NACP website.
